1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The plaintiff is a married couple with C on October 22, 1974.

B. According to the land cadastre of 2466m2 (hereinafter “instant land”) in Yongcheon-si, Youngcheon-si, B, D, June 28, 1926, indicated that the ownership of the said land was transferred to the Japanese public.

On October 17, 1995, the Defendant completed the registration of initial ownership on the instant land by the Daegu District Court’s Youngcheon Registry No. 30918 on the same day.

C. On June 5, 1979, C acquired the ownership of each land of 2851 square meters, F 882 square meters, G 879 square meters, which is the neighboring land of the instant land, and acquired the ownership of 1785 square meters, H 1785 square meters on August 16, 1981.

The Plaintiff acquired ownership from C on August 21, 1998 with respect to each of the above lands on the ground of donation on August 19, 1998.

The Plaintiff and C have cultivated orchard from the instant land and its neighboring land up to now.

[Reasons for Recognition] Facts without dispute, entry in Gap evidence 1 through 8 (including branch numbers, hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination

A. According to the facts based on the determination as to the cause of the claim, the fact that C and the Plaintiff possessed the land of this case for not less than 20 years can be acknowledged, and barring any special circumstance, it is presumed that the possession of the land of this case was possessed in peace and openly as the intent of possession pursuant to Article 197(1) of the Civil Act, barring any special circumstance, and thus, the statute of limitations

B. On this ground, the defendant asserts that the presumption of free possession by the plaintiff is reversed in light of the fact that the land in this case is the land to which the ownership belongs, and accordingly, the acquisition by prescription cannot be completed. 2) On September 25, 1945, the property owned by Japan, which was the same as that of August 9, 1945 under subparagraph 2 of the Military Court Act, was acquired by the United States Armed Forces on December 6, 1945 under subparagraph 33 of the Military Court Act and Article 5 of the first Agreement on Finance and Property concluded between the Government of the Republic of Korea and the Government of the United States.